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| Public Act 094-1102 |
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AN ACT concerning employment.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. If and only if Senate Bill 1268 of the 94th
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General Assembly becomes law as that bill was amended by House | ||||
Amendment No. 3, the Minimum Wage Law is amended by changing | ||||
Section 4 as follows:
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(820 ILCS 105/4) (from Ch. 48, par. 1004)
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Sec. 4. (a)(1) Every employer shall pay to each of his | ||||
employees in every
occupation wages of not less than $2.30 per | ||||
hour or in the case of
employees under 18 years of age wages of | ||||
not less than $1.95 per hour,
except as provided in Sections 5 | ||||
and 6 of this Act, and on and after
January 1, 1984, every | ||||
employer shall pay to each of his employees in every
occupation | ||||
wages of not less than $2.65 per hour or in the case of
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employees under 18 years of age wages of not less than $2.25 | ||||
per hour, and
on and after October 1, 1984 every employer shall | ||||
pay to each of his
employees in every occupation wages of not | ||||
less than $3.00 per hour or in
the case of employees under 18 | ||||
years of age wages of not less than $2.55
per hour, and on or | ||||
after July 1, 1985 every employer shall pay to each of
his | ||||
employees in every occupation wages of not less than $3.35 per | ||||
hour or
in the case of employees under 18 years of age wages of | ||||
not less than $2.85
per hour,
and from January 1, 2004 through | ||||
December 31, 2004 every employer shall pay
to
each of his or | ||||
her employees who is 18 years of age or older in every
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occupation wages of not less than $5.50 per hour, and from
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January 1,
2005 through June 30, 2007 every employer shall pay | ||||
to each of his or her employees who is 18 years
of age or older | ||||
in every occupation wages of not less than $6.50 per hour, and | ||||
from July 1, 2007 through June 30, 2008 every employer shall | ||||
pay to each of his or her employees who is 18 years
of age or | ||||
older in every occupation wages of not less than $7.50 per | ||
hour, and from July 1, 2008 through June 30, 2009 every | ||
employer shall pay to each of his or her employees who is 18 | ||
years
of age or older in every occupation wages of not less | ||
than $7.75 per hour, and from July 1, 2009 through June 30, | ||
2010 every employer shall pay to each of his or her employees | ||
who is 18 years
of age or older in every occupation wages of | ||
not less than $8.00 per hour, and on and after July 1, 2010 | ||
every employer shall pay to each of his or her employees who is | ||
18 years of age or older in every occupation wages of not less | ||
than $8.25 per hour.
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(2) Unless an employee's wages are reduced under Section 6, | ||
then in lieu of the rate prescribed in item (1) of this | ||
subsection (a), an employer may pay an employee who is 18 years | ||
of age or older, during the first 90 consecutive calendar days | ||
after the employee is initially employed by the employer, a | ||
wage that is not more than 50¢
less than the wage prescribed in | ||
item (1) of this subsection (a); however, an employer shall pay | ||
not less than the rate prescribed in item (1) of this | ||
subsection (a) to: | ||
(A) a day or temporary laborer, as defined in Section 5 | ||
of the Day and Temporary Labor Services Act, who is 18 | ||
years of age or older; and | ||
(B) an employee who is 18 years of age or older and | ||
whose employment is occasional or irregular and
requires | ||
not more than 90 days to complete. | ||
(3) At no time
shall the wages paid to any employee under | ||
18 years of age be more than 50¢
less than the wage required to | ||
be paid to employees who are at least 18 years
of age under | ||
item (1) of this subsection (a).
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(b) No employer shall discriminate between employees on the | ||
basis of sex
or mental or physical handicap, except as | ||
otherwise provided in this Act by
paying wages to employees at | ||
a rate less than the rate at which he pays
wages to employees | ||
for the same or substantially
similar work on jobs the | ||
performance of which requires equal skill, effort,
and | ||
responsibility, and which are performed under similar working
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conditions, except where such payment is made pursuant to (1) a | ||
seniority
system; (2) a merit system; (3) a system which | ||
measures earnings by
quantity or quality of production; or (4) | ||
a differential based on any other
factor other than sex or | ||
mental or physical handicap, except as otherwise
provided in | ||
this Act.
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(c) Every employer of an employee engaged in an
occupation | ||
in which gratuities have customarily and usually constituted | ||
and
have been recognized as part of the remuneration for hire | ||
purposes is
entitled to an allowance for gratuities as part of | ||
the hourly wage rate
provided in Section 4, subsection (a) in | ||
an amount not to exceed 40% of the
applicable minimum wage | ||
rate. The Director shall require each employer
desiring an | ||
allowance for gratuities to provide substantial evidence that
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the amount claimed, which may not exceed 40% of the applicable | ||
minimum wage
rate, was received by the employee in the period | ||
for which the claim of
exemption is made, and no part thereof | ||
was returned to the employer.
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(d) No camp counselor who resides on the premises of a | ||
seasonal camp of
an organized not-for-profit corporation shall | ||
be subject to the adult minimum
wage if the camp counselor (1) | ||
works 40 or more hours per week, and (2)
receives a total | ||
weekly salary of not less than the adult minimum
wage for a | ||
40-hour week. If the counselor works less than 40 hours per
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week, the counselor shall be paid the minimum hourly wage for | ||
each hour
worked. Every employer of a camp counselor under this | ||
subsection is entitled
to an allowance for meals and lodging as | ||
part of the hourly wage rate provided
in Section 4, subsection | ||
(a), in an amount not to exceed 25% of the
minimum wage rate.
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(e) A camp counselor employed at a day camp of an organized
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not-for-profit corporation is not subject to the adult minimum | ||
wage if the
camp counselor is paid a stipend on a onetime or | ||
periodic basis and, if
the camp counselor is a minor, the | ||
minor's parent, guardian or other
custodian has consented in | ||
writing to the terms of payment before the
commencement of such | ||
employment.
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(Source: P.A. 93-581, eff. 1-1-04; 94SB1268ham003.)
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Section 99. Effective date. This Act takes effect July 1, | ||
2007.
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